901:10-5-02
Right to enter property for investigations and inspections.

(1)
The director at
reasonable times has the authority to enter the premises of an applicant for
permit or the permit premises to make investigations and inspections including,
but not limited to, the sampling of discharges and the inspection of discharge
monitoring equipment, or to otherwise execute duties that are necessary for the
administration and enforcement of this chapter.

(2)
The director at reasonable times may
examine and copy any records pertaining to discharges that are subject to rule
or any records that are required to be maintained by the terms and conditions
of a permit or review compliance certificate issued under rule
901:10-1-07 of the
Administrative Code.

(3)
If
refused entry, the director may apply for and the court of common pleas having
jurisdiction may issue an appropriate warrant.

(4)
Any person to whom a permit or review
compliance certificate has been issued is prohibited from refusing entry to the
director or purposely hindering the director in the exercise of any authority
granted as described in this rule.

(1)
Biosecurity refers to the policies and
measures taken for protecting the food supply and agricultural resources from
contamination.

(2)
Upon entering
the property of a facility, the inspector or investigator shall identify
himself or herself with proper identification to prove that he or she is an
agent of the Ohio department of agriculture.

(3)
If an inspection is conducted prior to
the application for a review compliance certificate or a permit under this
chapter, the inspector or investigator shall notify the owner or operator in
advance. The purpose of the notice is to inform the owner or operator of an
inspection so that the inspector or investigator may be informed of the
facility biosecurity procedures, if any. The director has the authority to
authorize unannounced inspections or follow-up inspections of a facility as
deemed necessary.

(4)
If an owner
or operator wants the Ohio department of agriculture to comply with its
biosecurity plan, the owner or operator must submit its plan with the
application for the permit to operate. If not, the department will act in
accordance with its biosecurity policy.